CopyCited 311 times | Published | Supreme Court of Florida | 2000 WL 178052
...ith domestic violence are located in chapter 95-182, the chapter law considered in Thompson, and chapter 95-184, the chapter law at issue here. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section
741.31, creating section
768.35, and amending section
784.046, respectively), with Ch....
...These three sections amend various statutes relating to domestic violence, and they are the exact provisions that were included in chapter 95-182, the chapter law at issue in *626 Thompson. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section
741.31, creating section
768.35, and amending section
784.046, respectively), with Ch....
...ence injunction, to be enforced by the court that issued the injunction. [5] Section 37 creates section
768.35, Florida Statutes, to provide a cause of action for victims of continued domestic violence. Finally, section 38 amends several portions of section
784.046, Florida Statutes, by imposing certain procedural duties on clerks of court and law enforcement officers regarding the filing and enforcement of domestic violence injunctions....
4 red1 yellow121 green1 procedural
OverruledPerez (2002)phrase: "overruling"
VacatedFigueroa (2001)phrase: "vacated in"
VacatedFigueroa (2001)phrase: "been vacated"
CopyCited 207 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 11353, 2011 WL 2162997
...e Coffins’ front door and rang the bell.
Cynthia Coffin answered the door and Lutz explained that he had papers to deliver
2
The injunction had been issued by the Circuit Court of Charlotte County, pursuant to
Fla. Stat. Ann. § 784.046 (West 2011). Section 784.046 allows a petitioner to obtain an
“injunction for protection in cases of repeat violence” after “two incidents of violence or stalking
[are] committed by the respondent, one of which must have been within 6 months of filing of the
petition, which are directed against the petitioner or [an] immediate family member. Fla. Stat.
Ann. § 784.046(1)(b), (2).
4
to Mr....
...ice on a different
person present at the residence.
The notion that serving a restraining order should be treated differently than
serving ordinary process finds some support both in Florida’s procedural rules and
in the language used in Section 784.046....
...must be personally
served.”) (emphasis added). By contrast, service of other documents need not be
served by a law enforcement officer. See Fla. Stat. Ann. §
48.021 (outlining the
12
general guidelines for who may serve process).10 Section
784.046 also provides,
with respect to restraining orders concerning repeat violence, that after the clerk of
court furnishes a copy of the documents to a law enforcement officer, the officer
“shall serve it upon the respondent as soon thereafter as possible on any day of the
week and at any time of the day or night.” Fla. Stat. Ann. §
784.046(8)(a)(1)
(emphasis added)....
0 red0 yellow159 green0 procedural
Cited as authorityPaez (2026)phrase: "rule_authority"
Cited as authorityRiley (2026)phrase: "rule_authority"
CopyCited 67 times | Published | Supreme Court of Florida | 1999 WL 1244518
...ontinued domestic violence, in which such victims may recover both compensatory and punitive damages from the perpetrator responsible for the violence. See Ch. 95-182, § 9, at 1674. Finally, in section 10 of the chapter law, the Legislature amended section 784.046, Florida Statutes (Supp.1994), to impose certain procedural duties on clerks of court and law enforcement officers regarding the filing and enforcement of domestic violence injunctions....
0 red0 yellow44 green0 procedural
Cited as authoritySims (2008)phrase: "rule_authority"
CopyCited 27 times | Published | Supreme Court of Florida | 2007 WL 1437442
...Germain also filed against Cardona a Petition for Injunction for Protection against Repeat Violence (Cardona Petition). In it, Germain alleged that "Cardona is stalking me and is trying to sabotage my law practice." The petition did not allege any acts of violence or repeat violence by Cardona, as those terms are defined in section 784.046(4)(a)-(b), Florida Statutes (2004), rendering the petition meritless....
0 red0 yellow33 green0 procedural
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 2001 WL 85176
...PER CURIAM. Brian McMath, the appellant, seeks review of a Final Judgment of Injunction for Protection Against Repeat Violence. As the record contains no evidence of repeat violence to justify the trial court's issuance of an injunction, we reverse. Section 784.046, Florida Statutes (1999), authorizes an injunction for protection for victims of repeat violence. The statute defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition." See § 784.046(1)(b), Fla. Stat. (1999). Violence means "any assault, battery, sexual battery, or stalking by a person against any other person." See § 784.046(1)(a), Fla.Stat....
0 red0 yellow9 green0 procedural
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp....
...*1085 The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...being duly sworn, do hereby certify that I do not have enough money to pay filing fees to the clerk of the circuit court or service fees to the Sheriff or other authorized law enforcement agencies and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived to process the petition and serve the injunction, subject to a later order of the court about the payment of those fees....
...ddress __________________________________ _____________________________________ City State Zip City State Zip The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed. This court, based on the claims presented in the petition finds as follows: *1204 ____ The claims in the petition for injunction for protection are not enough under Florida Law (section
741.30 or
784.046, Florida Statutes) to allow the court to issue an ex parte temporary injunction against domestic/repeat violence....
0 red0 yellow15 green0 procedural
Cited as authorityLewis (2013)phrase: "rule_authority"
CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
....30(6). The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
0 red0 yellow16 green0 procedural
Cited as authoritySabatini (2012)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2014 WL 948886, 2014 Fla. App. LEXIS 3493
...We agree and reverse. Newly-enacted section
784.0485, Florida Statutes (2012), provides injunctive relief from stalking. 1 Given the statute’s recent enaction, support for our holding comes from cases analyzing allegations of stalking in the context of section
784.046, which applies to injunctions for protection against repeat violence, sexual violence, and dating violence....
0 red0 yellow11 green0 procedural
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2008 WL 2167866
...Wilson of the Law Office of Gary Baker, P.A., Callahan, for Appellant. No appearance for Appellee. THOMAS, J. Appellant seeks review of a final judgment of injunction for protection against repeat violence. This case presents an issue of first impression: whether section 784.046(1)(b), Florida Statutes (2006), authorizes an injunction for repeat violence where the petitioner is a victim of stalking, which by statutory definition must include repeated acts of following or harassment. Here, Appellant stalked Appellee, the victim, by following her and then harassing her at work. We hold that section 784.046(1)(b), Florida Statutes, authorizes an injunction for protection against repeat violence where a person commits stalking against the petitioner. We base our holding on the statutory definitions of repeat violence and stalking, and on the canons of statutory construction. If we were to hold that section 784.046(1)(b) requires two incidents of stalking, a person would be allowed to follow or harass a victim at least four times before a court could issue a protective injunction....
...Accordingly, we do not interpret the statute in the light most favorable to Appellant; rather, we must determine whether the relevant language is susceptible to competing meanings, and if so, we must apply the relevant and compelling rules of statutory construction. A. Statutory Definition of Repeat Violence and Stalking Section 784.046(2), Florida Statutes (2006), creates a cause of action for protection against repeat violence, dating violence, and sexual violence, and provides an injunctive remedy to protect victims from the dangers associated with repeated acts of violence or stalking. Section 784.046(1), Florida Statutes (1994), defined violence and repeat violence as follows: (a) "Violence" means any assault, battery, or sexual battery by a person against any other person....
...Repeat violence is now defined as follows: (b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner.... § 784.046(1)(b), Fla....
...We believe the Second District's analysis is relevant in our interpretation of the repeat violence injunction statute, which we discuss in more detail below. Appellant argues that the injunction statute requires at least two acts of stalking. If the phrase "two incidents of violence or stalking" in section 784.046(1)(b), Florida Statutes, is read to mean "two incidents of stalking, " Appellant would be correct; however, we do not think the statute can be reasonably read in this manner. Before addressing the relevant canons of statutory construction, we first note that in the operative phrase of section 784.046(1)(b), the adjective "two" is placed immediately before the noun phrase "incidents of violence," and not before the word "stalking." If the legislature intended to require "two incidents of stalking," it could have easily said so by s...
...We think the more sound reading of the statute leads to the conclusion that the legislature added the phrase "or stalking" to ensure that victims who had already *1220 suffered repeated acts of following or harassment could obtain protective injunctions under section 784.046, Florida Statutes (2006)....
...4th DCA 1994)), but we do not find the analysis here sufficiently compelling. To rely on this staff analysis would elevate that document over well-established public policy enacted by the legislature three years earlier. Conclusion Thus, based on the 1995 amendment to section 784.046, Florida Statutes, we affirm the trial court's ruling issuing the injunction for protection against repeat violence....
...DAVIS, J., dissenting. Because I conclude that the issuance of an injunction for protection against repeat violence requires more than one incident of stalking, I respectfully dissent. It is important to note that the definition of "violence" includes stalking. See § 784.046(1)(a), Fla. Stat. (2006). It is also important to note that the Legislature did not create a cause of action for an injunction for protection against violence. Rather, it created a cause of action for an injunction for protection against repeat violence. See § 784.046(2), Fla....
..."Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." See § 784.046(1)(b), Fla....
...The legislative staff analysis is an indication of the Legislature's intent in this case. See Fla. S. Comm.Crim. Just., CS for SB 2216 (1995) (April 26, 1995) "Stalking would also be added to the definition of `violence' and `repeat violence' i[n] s. 784.046, F.S....
0 red0 yellow10 green1 procedural
Cited as authorityHoover (2024)phrase: "rule_authority"
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1990 WL 136861
...District Court of Appeal of Florida, First District. September 21, 1990. *35 Cecil E. Howard, Tallahassee, for appellant. No appearance for appellee. ERVIN, Judge. Gloria Johnson appeals an order granting appellee, Debbie Brooks, injunctive relief pursuant to the provisions of Section 784.046, Florida Statutes (1989). Appellant urges that the trial court erred in granting the injunction, because appellee had failed to demonstrate violence, as required and defined by the statute, as a basis for relief. We agree and reverse. Section 784.046 authorizes an injunction for the protection of persons who are victimized by "repeat violence." Violence is defined in the statute as "any assault, battery, or sexual battery" and repeat violence is defined in part as "two incidents of violence." §§ 784.046(1)(a)-(b), Fla....
0 red0 yellow4 green0 procedural
Cited as authorityCannon (2014)phrase: "rule_authority"
Cited as authorityPower (2011)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 272282
...After Nowicki died in March 1996, the once friendly relationship between DiCarlo and Curry disintegrated into a series of complaints and injunctions. Curry then moved to a new residence. On June 19, 1996, DiCarlo obtained an ex parte temporary injunction against Curry pursuant to section 784.046, Florida Statutes....
...Based on facts set forth above, the jury convicted Curry of aggravated stalking. The aggravated stalking statute, section
784.048(4), Florida Statutes (2000), provides: Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s....
0 red0 yellow9 green0 procedural
Cited as authorityO'Gara (2017)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...3d DCA 2015) (referring to " [e]ach incident of stalking") (emphasis in original); Touhey v. Seda ,
133 So.3d 1203 , 1204 (Fla. 2d DCA 2014) (requiring "each incident of stalking" to be proved). Apparently, this two-incident requirement was adopted based upon "guidance" from the repeat violence statute-section
784.046, Florida Statutes -"which defines repeat violence as ' two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.' " Wyandt v....
...2d DCA 2014) (emphasis added); see also David v. Textor ,
189 So.3d 871 , 874-75 (Fla. 4th DCA 2016) (" Section
784.0485, Florida Statutes (2014), allows an injunction against stalking, including cyberstalking. The statute must be read in conjunction with section
784.046(1)(b), Florida Statutes (2014), which requires at least two incidences of stalking to obtain an injunction."); *1145 Leach v. Kersey ,
162 So.3d 1104 , 1106 (Fla. 2d DCA 2015) (holding that the stalking "statute is analyzed with guidance from the statute governing injunctions against repeat violence, section
784.046"); Touhey ,
133 So.3d at 1203 ("Given the [stalking] statute's recent enaction, support for our holding comes from cases analyzing allegations of stalking in the context of section
784.046, which applies to injunctions for protection against repeat violence, sexual violence, and dating violence.") (footnote omitted)....
...other person. §
784.048(2), Fla. Stat. Equally important, section
784.0485 makes no reference to the provisions of the repeat violence statute; does not mandate "guidance" from the repeat violence provisions; and, independent of the requirements of section
784.046, creates a "cause of action for an injunction for protection against stalking." §
784.0485(1), Fla....
...mposition of an injunction for protection against stalking. Consequently, the final judgment is reversed. REVERSED . Lewis and Ray, JJ., concur. In concluding that support for its holding came from analyzing allegations of stalking in the context of section 784.046, the Second District in Touhey drew inspiration from the staff analysis of Senate Bill 950-the precursor to chapter 2012-153, §§ 3, 6, Laws of Fla....
0 red0 yellow8 green0 procedural
Cited as authorityHoover (2024)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 42 Media L. Rep. (BNA) 1224, 2014 WL 443977, 2014 Fla. App. LEXIS 1436
...n improperly burdens Ms. Chevaldina’s speech more than necessary, attempts to enjoin future defamation, and fails to put Ms. Chevaldina on notice as to what she may or may not do under the injunction. B. Injunction Against Stalking and Trespassing Section 784.046, Florida Statutes (2012), provides that a person may obtain an injunction for protection in cases involving repeat violence and requires that a sworn petition include specific facts and circumstances to form the basis upon which relief is sought....
...The term “harass” is defined as engaging in a series of acts over a period of time “directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.” §
784.048(2). The trial court, pursuant to section
784.046, may rely upon a verified pleading and affidavit, and “[w]hen it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper.” §
784.046(6)(a). In the present case, there was no testimony regarding the temporary injunction against stalking and trespassing, and the affidavits and verified pleadings fail to form the basis upon which relief is sought in accordance with section
784.046(4)(a)....
...Chevaldina had come in close proximity of their place of business for the purposes of harassing. The appellees argue that Ms. Chevaldina’s blog posts constituted “cyber-stalking” and therefore provided “incidents of violence,” i.e., stalking, as to justify an injunction pursuant to section 784.046....
0 red0 yellow9 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 WL 1175340
...The next day, LaMarr returned to Lang's home to retrieve his tools. LaMarr and Lang again discussed their dispute and, according to Lang, LaMarr again became enraged and threw a book at her. Fearing for her safety, Lang sought an injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2000)....
0 red4 yellow10 green0 procedural
LimitedSimms (2019)phrase: "limited by"
LimitedSimms (2019)phrase: "limited by"
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 177, 2016 WL 64743
...District Court
in Nevada, a suit which continues. Pulse countered by filing a business
tort suit against David in California in June 2014, which eventually was
dismissed.
In July 2014, Textor filed an ex parte petition for protection pursuant
to sections
784.046 and
784.0485, Florida Statutes (2014), which concern
cyberstalking....
...iolates the First
Amendment, we reverse and do not further address the issue of
jurisdiction.
Section
784.0485, Florida Statutes (2014), allows an injunction against
stalking, including cyberstalking. The statute must be read in conjunction
with section
784.046(1)(b), Florida Statutes (2014), which requires at least
two incidences of stalking to obtain an injunction....
0 red0 yellow14 green0 procedural
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law FormFlorida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12J)Q-l-(-d-)12.902(b) or l£9Q-l-(-e-)12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)l and
784.046(8)(a)l, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic *31 violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA Case No.:_ Division:_ Petitioner, and Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger of repeat violence exists to Petitioner or to a member of Petitioner’s immediate family....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...L CIRCUIT, IN AND FOR_COUNTY, FLORIDA *65 Case No.: - Division: _ Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Respondent shall not use or possess a firearm or ammunition. —. b. Respondent shall surrender any firearms and ammunition in the Respondent’s possession to the_County Sheriffs Department. — c. Other directives relating to firearms and ammunition: _ 4.Court Costs. Pursuant to section 784.046(3)(b), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the court; OR costs in the amount of $_ for the filing fee, plus $_for the sheriffs fee,...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...l legal name of petitioner} -- certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...TECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...all that apply] _ Petitioner failed to appear at the hearing scheduled in this cause. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. _ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...ants” found at the beginning of these forms. The words that are in “bold underline” are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} -, {address} _, {telephone} _, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger of repeat violence exists to Petitioner or to a member of Petitioner’s immediate family....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA Case No.:. Division:— *384 [[Image here]] FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 784.046, Florida Statutes....
...to the Court as follows: _ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes....
0 red0 yellow67 green0 procedural
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2006 WL 1155140
...Appellant, Marcia Sorin (Sorin), seeks review of a Final Judgment of Injunction for Protection Against Repeat Violence entered against her. We reverse. The issue in this case is whether the trial court erred in issuing a final judgment for protection against repeat violence, pursuant to section 784.046(1)(a) & (b), Florida Statutes (2004), when the petition failed to allege violence and no testimony or evidence of violence or "repeat violence" was presented....
...Sorin argues that the petition for an injunction was erroneously granted without an evidentiary hearing. Even though she failed to attend the hearing, our review of the record shows there was one. Thus, there is no merit to this argument. She also argues that the petition was deficient pursuant to section 784.046, Florida Statutes, because it did not allege two incidents of violence. This argument has merit. Section 784.046 creates a cause of action for an injunction for protection against repeat violence. See § 784.046(2), Fla....
...(b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. § 784.046(1)(a) & (b), Fla....
0 red0 yellow4 green0 procedural
Cited as authorityLevy (2011)phrase: "rule_authority"
Cited as authorityPower (2011)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14981, 2011 WL 4374510
...The trial court disagreed, finding that there was a break of five minutes between the incidents and one occurred outside the lobby and the second one inside the lobby. Finding two separate acts, the court entered the injunction, requiring Levy to stay at least twenty feet away from Jacobs at all times. Levy appeals. Section 784.046(2), Florida Statutes (2009), creates a cause of action for an injunction for protection against repeat violence....
..."Violence" is defined under the statute as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
..."Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of *405 the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
...etermine whether each alleged act of violence is supported by competent, substantial evidence. Shocki v. Aresty,
994 So.2d 1131, 1132 (Fla. 3d DCA 2008). Multiple acts stemming from a single violent incident do not constitute "repeat violence" under section
784.046 where those acts were not separated by time or distance....
...After a brief pause, Darrow came at Moschella again, but was restrained by other golfers. Id. at 1069. The trial court entered an injunction for protection against repeat violence against Darrow. On appeal, this court reversed the injunction, holding that the case did not involve "repeat violence" within the meaning of section 784.046. Id. at 1068. This court reasoned that there was only one "incident" of violence within the meaning of section 784.046(1)(b), and explained: "The stages of Darrow's confrontation with Moschella were not separated by time or distance....
...this case, rather than a single continuous incident of violence. As this was a finding of fact for which there was competent substantial evidence, we uphold the trial court's ruling. Because this case involved "repeat violence" within the meaning of section 784.046(1)(b), there was a legal basis for the injunction....
0 red0 yellow6 green0 procedural
Cited as authorityDugan (2025)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
....30(6). The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes....
...with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence....
...Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes....
...Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction *25 for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
..._____________________________, certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...ORDER SETTING HEARING ON THE PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION *276 The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...hat apply] ___ Petitioner failed to appear at the hearing scheduled in this cause. ___ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. ___ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...Litigants" found at the beginning of these forms. The words that are in "bold underline" are defined in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.046, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure....
...________________ __________________________________, Petitioner, and __________________________________, Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...___, { telephone } ____________, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger exists to Petitioner or to a member of Petitioner's immediate family....
...____________________________, Petitioner, and __________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Repeat Violence under section 784.046, Florida Statutes, and other papers filed in this Court have been reviewed....
...Other directives relating to firearms and ammunition: ___________________ ____________________________________________________________________________ ____________________________________________________________________________ *310 4. Court Costs. Pursuant to section 784.046(3)(b), Florida Statutes, filing fees to the Clerk of the Circuit Court and the service fees to the sheriff are waived, subject to subsequent order of the court; OR costs in the amount of $______ for the filing fee, plus $______ for th...
...the Court as follows: ___ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes, the previously entered injunction is extended until { date } _______________, A full hearing on the petition is scheduled for { date } ______________ at __________ a.m./p.m....
0 red0 yellow8 green0 procedural
AdoptedMcCord (2014)phrase: "adopted in"
Cited as authorityLivingston (2003)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2008 WL 183645
...acts of noise nuisance and vandalism of property, resulting in [Aresty] and his wife fearing for their safety." The trial court denied the ex parte petition, finding that the allegations failed to meet the statutory criteria for an injunction under section 784.046 of the Florida Statutes (2007)....
...The court concluded that Aresty had established stalking under the statute. The Statutes The trial court correctly found that assault and battery did not occur, though pled. Aresty rested his evidence of "violence" and his legal theory upon acts of *1134 "stalking" under sections
784.046 and
784.048 of the Florida Statutes (2007)....
...We remand the case to the trial court with directions to afford Aresty an opportunity to further amend his petition to specify the details of the acts alleged to constitute stalking and statutory violence, and for a new trial on the claims as amended. Reversed and remanded. NOTES [1] Section 784.046, Florida Statutes (2007)....
0 red0 yellow4 green0 procedural
Cited as authorityLevy (2011)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 24 Fla. L. Weekly Fed. D 2648
...engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose. . . . "(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s....
...12.610(c)(2)(A) ("The temporary and permanent injunction forms in these rules for repeat and domestic violence injunctions shall be the forms used in the issuance of injunctions under chapters 741 and 784, Florida Statutes."). [emphasis supplied] [3] See § 784.046(2)(a), Fla....
0 red0 yellow3 green0 procedural
Cited as authorityD.L. (2014)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1998 WL 406587
...They have obtained mutual injunctions against repeat violence in the past. Appellant was enjoined, by the order which he appeals, from photographing or videotaping the appellees or pretending to do so. He argues that the injunction is unconstitutional because it violates the First Amendment. We affirm. Section 784.046, Florida Statutes (1997) authorizes the issuance of injunctions to prevent repeat violence, which is defined under subsection 1(b) as follows: "Repeat violence" means two incidents of violence or stalking committed by the respondent,...
0 red0 yellow4 green0 procedural
Cited as authorityEchemendia (2016)phrase: "rule_authority"
Cited as authorityBlaylock (2006)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2548, 2010 WL 711745
...vacated or modified. Some cases seem to require the movant to allege and prove a change in circumstances. See Knight v. Waters,
786 So.2d 1289 (Fla. 1st DCA 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section
784.046 because the motion did not assert a change in circumstances); Simonik v....
0 red0 yellow2 green0 procedural
AffirmedMcFARR (2011)phrase: "affirmed in"
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22657989
...er half-way across the country. Marrs believed that Huch was delusional, that his obsessive behavior was increasing, and that his behavior had the potential to escalate. In July of 2002, Marrs filed a petition for injunction against Huch pursuant to section 784.046, Florida Statutes (2001)....
...All fifty states and the District of Columbia now have stalking statutes. Florida's "repeat violence statute," provides that a trial court may issue an injunction when a respondent commits two incidents of violence or an incident of stalking directed against the petitioner or the petitioner's immediate family. Section 784.046(1)(b), Florida Statutes (2001)....
0 red0 yellow5 green0 procedural
Cited as authorityTB (2008)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2012 WL 516183, 2012 Fla. App. LEXIS 2456
...Barile has failed to *1087 preserve them for review by contemporaneous objection. See Jarkesy v. Daniels,
58 So.2d 516 (Fla.1952). Mr. Barile's third issue has merit and mandates reversal. Ms. Gayheart's petition claimed entitlement to an injunction based upon acts of repeat violence. See §
784.046, Fla....
...antic relationship with overnight visits is required."). Because Mr. Barile was denied due process, we reverse and remand with instructions to vacate the injunction. Reversed and remanded with instructions. WALLACE and LaROSE, JJ., Concur. NOTES [1] Section 784.046(1)(b), Florida Statutes (2010), defines "repeat violence" as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the...
0 red0 yellow5 green0 procedural
Cited as authorityLana (2017)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 562786
...Although the complained-of correspondence Poindexter sent to Springer was certainly annoying, even creepy, and possibly detrimental to her career, it was not enough to satisfy the requirements for entering a permanent injunction against violence pursuant to section 784.046(2), Florida Statutes (2003)....
...It entered an injunction against repeat violence against Poindexter. [1] An injunction against repeat violence may be entered if, in the six months preceding the filing of the petition, the respondent has committed against the petitioner at least two incidents of violence or stalking. § 784.046(1)(b)....
...er's petition. NORTHCUTT and SILBERMAN, JJ., Concur. NOTES [1] It should be noted that the trial court correctly found the facts alleged in Springer's petition for injunction against repeat violence insufficient to enter a temporary injunction under section 784.046(6)(a), Florida Statutes (2003)....
0 red0 yellow3 green0 procedural
Cited as authorityTB (2008)phrase: "rule_authority"
Cited as authorityT.B. (2008)phrase: "rule_authority"
Cited as authorityLukacs (2008)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 WL 3236640
...The appellant, Alejandro Santiago, Jr., appeals the granting of a permanent injunction for protection against repeat violence rendered in favor of the appellee, Kelly Towle. Because the record does not support a finding of two incidents of violence or stalking, as required by the applicable statute, we reverse. Section 784.046, Florida Statutes (2005), grants a victim of repeat violence the right to seek a protective injunction....
...Violence is defined by the statute as "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
...Repeat violence is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
0 red0 yellow2 green0 procedural
Cited as authorityCannon (2014)phrase: "rule_authority"
Cited as authorityLevy (2011)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13735, 2011 WL 3820162
CASANUEVA, Judge. Micah Jones appeals an order granting Lawrence Jackson an injunction for protection against repeat violence. Mr. Jones argues that his actions did not constitute repeat violence under section 784.046, Florida Statutes (2009), because there was no competent, substantial evidence that his actions amounted to stalking. We agree and reverse. Section 784.046 provides injunctive relief from repeat violence for “two incidents of violence or stalking.” Willful, malicious, and repeated harassment constitutes stalking....
0 red0 yellow4 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 113290
...January 30, 2002. Osborne Walker O'Quinn of Osborne Walker O'Quinn, P.A., Fort Pierce, for appellant. No appearance for appellee. GROSS, J. Tony Darrow appeals a final judgment of injunction for protection against repeat violence entered pursuant to section 784.046, Florida Statutes (2000). We reverse, because this case did not involve "repeat violence" within the meaning of section 784.046(1)(b), so there was no legal basis for the injunction....
...Darrow then approached Moschella again. The brim of his hat hit Moschella's forehead. Moschella knocked the hat off and then Darrow hit him five or six times. After a brief pause, Darrow came at Moschella again, but was restrained by other golfers. Section 784.046(2) creates a cause of action for an injunction for protection in cases of "repeat violence." Section 784.046(1)(b) defines repeat violence: "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. In this case there was only one "incident" of violence within the meaning of section 784.046(b)....
0 red0 yellow6 green0 procedural
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 WL 1501049
PER CURIAM. These cases, which we consolidate for purposes of this opinion, involve permanent injunctions against repeat violence entered against Andrea Power and Charles Fulford based on petitions filed by Richard and Martha Boyle under section 784.046, Florida Statutes (2010)....
...Boyle acknowledged the confrontation and that she was upset at the time, but denied threatening to throw her coffee at Ms. Power. On October 11, 2010, Mr. and Mrs. Boyle each filed separate petitions for injunction against Ms. Power and Mr. Ful-ford under section 784.046....
...Boyle) and two against Mr. Fulford (one in favor of Mr. Boyle, and one in favor of Mrs. Boyle). In explaining its decision to enter the injunctions, the trial court recognized that “this case does not fall within the purview of our most ordinary uses of [section 784.046],” but the court reasoned that an injunction is necessary “to keep the peace” between the parties and that the circumstances of this case “fall[] within the broader purview of the statute” because of the harassing nature of the incidents described by the Boyles. These timely appeals followed. Section 784.046 authorizes the trial court to enter injunctions for protection against repeat violence....
...The statute does not allow the trial court to enter injunctions simply “to keep the peace” between parties who, for whatever reason, are unable to get along and behave civilly towards each other. See Home v. Entires,
61 So.3d 428, 429 (Fla. 1st DCA 2011) (reversing “no contact order” entered pursuant to section
784.046 and observing that “even courts of general jurisdiction are without plenary power to enjoin citizens to remain on good behavior”); Polanco v....
...ves, [citations omitted] These statutory provisions are not a panacea to be used to cure all social ills. In fact, nowhere in the statutory catalog of improper behavior is there a provision for court-ordered relief against uncivil behavior. ...”). Section 784.046 defines repeat violence as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b), Fla....
...The statute defines violence to mean “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.” § 784.046(l)(a), Fla....
...State,
659 So.2d 235, 238 (Fla.1995), for the proposition that a reasonable person standard applies in determining whether an incident causes substantial emotional distress so as to constitute harassment). The trial court’s finding of two incidents of violence or stalking required for an injunction under section
784.046 must be supported by competent substantial evidence....
...Boyle testified that he has “never had one problem with [Mr.] Fulford.” The guilt-by-association-with-Ms. Power justification offered by Mr. Boyle for the petition against Mr. Fulford is not a legitimate basis for the issuance of an injunction under section 784.046. The incidents involving Ms. Power were immature and uncivil, and we do not in any way condone her behavior towards the Boyles. However, these incidents do not constitute violence or stalking for purposes of an injunction under section 784.046....
...Power’s employer, but claimed that she did so only because the employer solicited her opinion about Ms. Power.) The Boyles argue that the injunctions against Ms. Power and Mr. Fulford should be affirmed based on this court’s decision in Lukács because, in that case, the court *500 affirmed an injunction under section 784.046 based on a single incident of stalking....
...Power was yelling obscenities at the Boyles’ home, we are not persuaded that these incidents would cause a reasonable person to believe that physical violence was imminent. In sum, because the evidence presented in support of the petitions was legally insufficient to support an injunction under section 784.046, the trial court erred in entering the permanent injunctions for protection against repeat violence against Ms....
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1891323, 2013 Fla. App. LEXIS 7355
...Donald Goudy challenges the final judgment of injunction for protection against repeat violence entered in favor of Vicky-Jo Duquette. Mr. Goudy argues that there was insufficient evidence of violence or stalking to support the injunction. We agree and reverse. Injunctive relief from repeat violence is available pursuant to section 784.046, Florida Statutes (2011)....
...Repeat violence is defined as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or petitioner’s immediate family member.” § 784.046(l)(b)....
...However, a single incident composed of multiple actions is not a course of conduct. See Smith,
975 So.2d at 502-03 ; Poindexter v. Springer,
898 So.2d 204, 207 (Fla. 2d DCA 2005). “Multiple acts stemming from a single violent incident do not constitute ‘repeat violence’ under section
784.046 where those acts were not separated by time or distance.” Levy v....
0 red0 yellow7 green0 procedural
Cited as authorityAbercrombie (2025)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 313697
...le John D. Wessel, Judge of the Circuit Court. GROSS, J. Carl Jenkins appeals his conviction for direct criminal contempt for refusing to answer questions posed to him in a hearing concerning an injunction for protection against repeat violence. See § 784.046, Fla....
...Based on the sworn petition, the trial court entered an ex parte temporary injunction on April 28, 2000. The judge extended the temporary injunction on May 11, 2000. On June 1, 2000, the court held an evidentiary hearing regarding the entry of a permanent injunction under section 784.046(7)....
...pril 24. No portion of Jenkins's testimony even touched on the April 24 sexual assault. The sole purpose of Jenkins's testimony was to show that there was no incident of repeat violence on April 26, so that there was no basis for an injunction under section 784.046....
...The trial court was therefore without the power to compel his answers through the contempt sanction. Jenkins's conviction for criminal contempt is reversed. On the remaining issue, the trial court erred in entering a permanent injunction, since there was no proof of "repeat violence" within the meaning of section
784.046(1)(b), Florida Statutes (2000). There was no incident of violence other than the one that occurred on April 24. The events of April 26 do not constitute "violence" as defined by section
784.046(1)(a); there was no stalking as the term is used in section
784.048, Florida Statutes (2000)....
0 red0 yellow4 green0 procedural
Cited as authorityPisciotti (2006)phrase: "rule_authority"
Cited as authorityHill (2003)phrase: "rule_authority"
CopyCited 5 times | Published | District Court, M.D. Florida | 2003 WL 21448269
...out bail ... THIS INJCUNTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION
901.15(6), FLORIDA STATUTES. * * * * * * REPEAT VIOLENCE: A Law Enforcement Officer acting in good faith under Section
784.046, F.S., and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of Section
784.046, F.S....
0 red0 yellow5 green0 procedural
Cited as authorityDoss (2024)phrase: "rule_authority"
Cited as authoritySmola (2024)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1828070
...Jana Jay Malen, Naples, for Appellant. No appearance for Appellee. WHATLEY, Judge. Bruce Slack appeals a final judgment of injunction for protection against repeat violence. He contends that there was no evidence establishing acts of repeat violence as defined in section 784.046, Florida Statutes (1997). We agree and reverse. Section 784.046 provides that a person may obtain an injunction for protection in cases involving repeat violence. Repeat violence is defined as two incidents of stalking or violence. [1] § 784.046(1)....
0 red1 yellow3 green0 procedural
Cited "but see"Burroughs (2015)phrase: "but see"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2141830
...e was to have no contact with Lisa Renee Melcher. We conclude that competent, substantial evidence does not support the final judgment and reverse. Ms. Melcher filed a petition for injunction for protection against repeat violence in accordance with section 784.046, Florida Statutes (2006)....
...The statute creates a cause of action for a victim of "repeat violence" which is defined as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b)....
..."Violence" is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a)....
...Smith pointed his finger at her and shook his head only one time. This act did not constitute stalking because the statute requires repeated acts. See §
784.048(2). Further, the act did not otherwise qualify as an act of violence because it was not an assault or any other offense listed in section
784.046(1)(a)....
...t was an act of violence against Ms. Melcher, the second incident is not so supported. An injunction *503 for protection against repeat violence is properly entered only when there are two incidents of violence within the designated time period. See § 784.046(1)(b)....
0 red0 yellow2 green0 procedural
Cited as authorityLevy (2011)phrase: "rule_authority"
Cited as authorityLukacs (2008)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 3930370, 2012 Fla. App. LEXIS 15112
...Reynolds,
55 So.3d 716 (Fla. 1st DCA 2011), as implicitly approving the finding that “offensive email, hacking into another person’s email account, deleting email or changing an email signature,” could be grounds for a repeat-violence injunction under section
784.046(2), Florida Statutes (2009), this court held in that case that the petitioner had failed to show that the respondent was the perpetrator of the incidents alleged....
0 red0 yellow3 green0 procedural
Cited as authorityBranson (2014)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 2274428
...District Court of Appeal of Florida, Fifth District. August 10, 2007. Bart Schneider, of Bart Schneider, P.A., Orlando, for Appellant. No Appearance for Appellee. PER CURIAM. We reverse the final judgment of injunction for protection against repeat violence entered pursuant to section 784.046, Florida Statutes (2006)....
...wear either witness and did not permit the appellant, Kimberly Ohrn, to call a witness who could have offered testimony to support her version of the incidents that had occurred between the parties. These actions constituted a due process violation. Section 784.046, Florida Statutes (2006), requires a "full hearing" prior to entering a permanent injunction against repeat violence....
...ents of fundamental due process concerning the procedures to be utilized in making critical decisions of this nature. See Lewis v. Lewis,
689 So.2d 1271 (Fla. 1st DCA 1997). REVERSED AND REMANDED. ORFINGER, MONACO and EVANDER, JJ., concur. NOTES [1] Section
784.046(6)(a), Florida Statutes (2006), which governs injunctions for repeat violence, states, in pertinent part: (6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary inj...
0 red0 yellow3 green0 procedural
Cited as authorityR.B. (2015)phrase: "rule_authority"
Cited as authorityFurry (2011)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22399539
...Izquierdo, for appellant. Elaine Soffer Siegel, in proper person. Before GREEN, FLETCHER, and WELLS, JJ. GREEN, J. On this appeal, Jose Manuel Perez asserts that the trial court erroneously issued a temporary injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2002), [1] where *354 neither the petition nor the proof supported two incidents of violence as required under the statute....
...Based upon these averments, the trial court issued an ex parte temporary injunction and thereafter conducted an adversarial hearing. Prior to the hearing, Perez filed a motion to dismiss the petition and the temporary injunction due to Siegel's failure to aver two separate incidents of violence as required under section 784.046(1)(b) and (2)....
...At the conclusion of the hearing, the lower court declined to enter a permanent injunction but issued a five and a half month temporary injunction. This appeal followed. An injunction against repeat violence must be based upon two separate incidents of violence pursuant to section 784.046(1)(b) and (2), Florida Statutes....
...1st DCA 1990) ("A person's mere intention to commit an assault is not enough; there must be some overt act sufficient to demonstrate a threat directed at the person placed in fear."). In the absence of two separate qualifying instances of violence as defined in section 784.046(1)(a), we conclude that the trial court erred in granting the temporary injunction....
...been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. * * * (2) There is created a cause of action for an injunction for protection in cases of repeat violence.... § 784.046, Fla. Stat. (2002). [2] Siegel uses the word "aggression" (a word which does not appear in section 784.046) in her brief, but it appears that she means "assault." She states, [an] aggression can be caused by someone threatening an individual by indicating that they will do some type of physical harm such as "I am going to kill you"....
0 red0 yellow2 green0 procedural
Cited as authorityCannon (2014)phrase: "rule_authority"
Cited as authorityPower (2011)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1999 WL 821009
...Utley and Baez-Camacho had a business relationship which soured leaving bad feelings between them. Baez-Camacho, by alleging certain threatening acts committed by Utley, was able to obtain a temporary injunction with a due process hearing to follow. See section 784.046, Fla....
0 red0 yellow2 green0 procedural
Cited as authorityOhrn (2007)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2004 WL 2534330
...We reverse the final judgment of injunction for protection against repeat violence entered against Gagnard. Although Gagnard's argumentative behavior toward the victim in two separate instances was extremely uncivil and threatening in tone, it fell short of meeting the legal requirement of repeat "violence." See § 784.046(1)(a), Fla....
0 red0 yellow1 green0 procedural
Cited as authorityPower (2011)phrase: "rule_authority"
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...§]
775.21 or a person previously designated as a sexual
predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued
pursuant to [Fla. Stat. §]
741.30 or [Fla. Stat. §]
784.046, or a foreign protection
9
Case: 11-11890 Date Filed: 01/22/2013 Page: 10 of 10
capital murder and (2) could be sentenced to death if any of the aggravating
circumstances listed in §
921.141 were found by the court....
0 red0 yellow3 green0 procedural
Cited as authorityHuffman (2025)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 2251806
...er. We reverse because no competent, substantial evidence supports the trial court's ruling. To enter an injunction for "repeat violence," the trial court must find that there were "two incidents of violence or stalking committed by the respondent." § 784.046(1)(b), Fla....
..."Violence" is defined to include "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
0 red0 yellow2 green0 procedural
Cited as authorityPower (2011)phrase: "rule_authority"
Cited as authorityReynolds (2011)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2014 WL 2783463, 2014 Fla. App. LEXIS 9394
...Alderman appeals a final judgment of injunction for protection against dating violence. Because Faylene A. Thomas did not demonstrate that she had reasonable cause to believe she is in imminent danger of becoming the victim of another act of dating violence, we reverse the final judgment of injunction. 1 Section 784.046(2)(b), Florida Statutes (2012), provides in pertinent part: Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence,...
...In either case, the person must have reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence in the future. See Acevedo v. Williams,
985 So.2d 669, 669-70 (Fla. 1st DCA 2008) (noting that “in cases of dating violence,” section
784.046(2)(b) “permits any person who is a victim of such violence ......
...estimony regarding the incident in August 2012, the entirety of her testimony regarding Alderman’s behavior was eonclusory and vague. Thomas did testify that Alderman had “stalked” her, and stalking is considered “violence” for purposes of section 784.046. See § 784.046(l)(a)....
...Florida Family Law Rule of Procedure Form 12.980(n) provides in section III, paragraph 8, for a petitioner to explain how he or she “genuinely fears dating violence by Respondent,” but there is no mention of a fear of “imminent danger of becoming the victim of an act of dating violence,” as required under section 784.046(2)(b)....
...We suggest that the Family Law Rules Committee examine form 12.980(n) to determine if it is in need of amendment. Reversed and remanded. ALTENBERND and WALLACE, JJ., Concur. . Thomas has chosen not to appear in this appeal. . We note that "[s]ection 784.046(2) contains three separate and distinct causes of action” for injunctions against violence and that "each cause of action contains allegations that differ from the other two.” Morrell v....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 1377, 2000 WL 159078
PER CURIAM. This is an appeal from an order denying Paul Simonek’s motion to modify an injunction. We affirm. Barry Patterson applied for an injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (1997)....
0 red0 yellow3 green0 procedural
Cited as authorityNoe (2017)phrase: "rule_authority"
Cited as authorityReyes (2012)phrase: "rule_authority"
Cited as authorityElias (2006)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968556
...The Mother reported the allegations to the child abuse hotline and immediately lifted the home schooling sanction. The Mother did not confront the Father with these allegations, but after consulting the school resource officer, she sought and obtained an ex parte injunction against him under section 784.046, Florida Statutes (2013)....
...affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the. minor child. § 784.046(4)(a)....
...nts, made to both the Mother and the forensic interviewer. Because the Mother was not a witness to the alleged acts and failed to introduce physical evidence or affidavits from eyewitnesses to the alleged acts, she failed to meet the requirements of section 784.046(4)(a)(l) for the grant of an injunction against the Father....
...formation, and cross-examination should be 'permitted’” Tejeda-Soto v. Raimondi,
968 So.2d 635, 636-37 (Fla. 2d DCA 2007) (emphasis added) (quoting Ohrn v. Wright,
963 So.2d 298, 298 (Fla. 5th DCA 2007)). Moreover, this prerequisite is echoed by section
784.046(6)(c), which “requires a ‘full hearing,’ ” including cross-examination, “before *551 entry of a permanent injunction.” McNulty ex rel....
...more nuanced approach than the trial court took. Further, even in light of the paramount interest in protecting minors, the trial court is still obliged to abide by statutory authority, and the injunction granted in.this case was not supported by competent, substantial evidence as required by section
784.046(4)(a)(l), and what corroborative evidence was considered was inadmissible under section
90.803(23)....
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2697, 2011 WL 722605
...Wolfson,
638 So.2d 527, 527 (Fla. 2d DCA 1994) (citing Godwin v. State,
593 So.2d 211, 212 (Fla.1992)) (dismissing an appeal of an expired repeat violence injunction on grounds none of the three exceptions to mootness applied, including collateral legal consequences). Section
784.046(2), Florida Statutes (2009), creates a cause of action for "an injunction for protection in cases of repeat violence." To prove the cause of action, "[c]ompetent, substantial evidence must support the trial court's findings of two incidents of repeat violence." Terrell v. Thompson,
935 So.2d 592, 593 (Fla. 1st DCA 2006). "Repeat violence" is defined as "two incidents of violence or stalking committed by the respondent." §
784.046(1)(b), Fla. Stat. (2009). "Violence" means "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment." §
784.046(1)(a), Fla....
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1997 WL 120152
...Here the trial court found Rae to be maintaining nuisance dogs in violation of the Monroe County Code, [2] and that Rae's behavior and threats were a retaliatory response to Flynn's legitimate complaint about the barking dogs. These findings are clearly supported by the record. Under Section 784.046(7)(b), a trial court has broad authority in addition to enjoining acts of violence to also "order such other relief as the court deems necessary for the protection of the petitioner ...." § 784.046(7)(b), Fla.Stat....
0 red0 yellow1 green0 procedural
Cited as authorityGoosen (1998)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 550680
...No Appearance for Appellee. WHATLEY, Judge. Verna Russell, on behalf of Gregory Russell, appeals a final judgment of injunction for protection against repeat violence. She contends that there was no evidence establishing acts of repeat violence as required and defined by section 784.046, Florida Statutes (1997). We agree and reverse. Section 784.046 provides that a person may obtain an injunction for protection in cases involving repeat violence. Repeat violence is defined as two incidents of stalking or violence, which includes assault, battery, and sexual battery. See § 784.046(b)....
...However, at the hearing on the petition, Kim Hogan only testified that she witnessed one act of violence by Russell. Regarding the same incident, Tonya Hogan testified that she only witnessed Russell cussing at her cousin. Neither witness testified that they personally observed a second act of violence as required by section 784.046....
0 red0 yellow1 green0 procedural
Cited as authorityLukacs (2008)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1432, 2010 WL 481005
...The petitions alleged the same set of facts: On January 26, 2009, Appellant forcefully grabbed Doughty and Clough after an altercation between their dogs; and on February 2, 2009, Appellant repeatedly rang their doorbell and yelled obscenities and threats at them when they opened the door. Section 784.046, Florida Statutes (2008), creates a cause of action for an injunction in cases of repeat violence. "Repeat violence" is defined as two incidents of violence, one of which must have occurred within six months of filing a petition for injunction. § 784.046(1)(b), Fla....
..."Violence" includes "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
0 red0 yellow1 green0 procedural
Cited as authorityCannon (2014)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 467548
...There was also testimony that Dudley would write down Votran bus drivers' operator tag numbers to find out where they lived. Although the conduct of Dudley is not condoned and, if continued, might properly lead to the entry of an injunction, we find the injunction entered herein to be unauthorized and we reverse. Section 784.046(1)(b), Fla....
0 red0 yellow2 green0 procedural
Cited as authorityLukacs (2008)phrase: "rule_authority"
Cited as authorityPoindexter (2005)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 5589, 2015 WL 1740907
...reverse the final judgment.
Section
784.0485, Florida Statutes (2013), provides for an injunction
against stalking, including cyberstalking, and that statute is analyzed with guidance from
the statute governing injunctions against repeat violence, section
784.046. See Wyandt
v. Voccio,
148 So. 3d 543, 544 (Fla. 2d DCA 2014). "Repeat violence" requires "two
incidents of violence or stalking." §
784.046(1)(b)....
0 red0 yellow4 green0 procedural
Cited as authorityAbercrombie (2025)phrase: "rule_authority"
Cited as authorityPickett (2018)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 4465521, 2012 Fla. App. LEXIS 16465
WHATLEY, Judge. Ivana Alter appeals a final judgment of injunction for protection against repeat violence. We agree with Alter that the evidence did not support a finding that she committed acts of repeat violence as defined in section 784.046(2), Florida Statutes (2011), and we therefore reverse. Section 784.046(2) allows a victim of repeat violence to petition the court for an injunction for protection....
...Repeat violence is defined as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046(l)(b)....
...The statute defines violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a)....
0 red0 yellow3 green0 procedural
Cited as authorityBurroughs (2015)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1559740
...Hamilton, of Foley & Lardner, LLP, Orlando, for Appellee. THOMPSON, J. Rebecca Blaylock timely appeals a final injunction entered against her. Randal S. Zeller sought ex parte a temporary injunction against Blaylock for protection against repeat violence under section 784.046, Florida Statutes (2004), which the court issued....
...The court entered an order granting the final judgment of injunction for protection against repeat violence and ordered Blaylock not to possess or use firearms or ammunition. Blaylock did not seek modification or dissolution of the injunction under section 784.046(11), but now appeals....
...Williams,
579 So.2d 850, 852-53 (Fla. 5th DCA 1991). Also, we find no error because Blaylock agreed to most of the terms of the injunction, which are unobjectionable. See, e.g., Goosen v. Walker,
714 So.2d 1149, 1149-50 (Fla. 4th DCA 1998) (affirming a judgment under section
784.046, Florida Statutes (1997), that enjoined neighbor from photographing or videotaping his neighbors)....
0 red0 yellow3 green0 procedural
Cited as authorityR.B. (2015)phrase: "rule_authority"
AffirmedPopper (2009)phrase: "affirmed in"
Cited as authorityPopper (2009)phrase: "rule_authority"
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 336, 2009 Fla. LEXIS 927, 2009 WL 1473978
...(C) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violenceall matters relating to injunctions for protection against dating violence pursuant to section
784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (E) Repeat Violenceall matters relating to injunctions for protection against repeat violence pursuant to section
784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (F) Sexual Violenceall matters relating to injunctions for protection against sexual violence pursuant to section
784.046, Florida Statutes....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 21509, 2012 WL 6213134
...vacated or modified. Some cases seem to require the movant to allege and prove a change in circumstances. See Knight v. Waters,
786 So.2d 1289 (Fla. 1st DCA 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section
784.046 because the motion did not assert a change in circumstances); Simonik v....
0 red0 yellow1 green1 procedural
Cited as authorityBarbieri (2013)phrase: "rule_authority"
Review deniedBarbieri (2013)phrase: "review denied"
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...he petition.”
To support adding this extratextual element to the statutory
definition of stalking, Mr. Paulson correctly points out that several
district courts have interpreted the stalking statute with guidance
from the repeat violence statute—section 784.046—which defines
1 Although the injunction has now expired, the appeal is not
moot....
...such an injunction outlast the injunction itself”).
3
“repeat violence” as “two incidents of violence or stalking
committed by the respondent, one of which must have been within
6 months of the filing of the petition.” § 784.046(1)(b), Fla....
...m a jumbled patchwork of
conflicting narrative,” Pickett,
236 So. 3d at 1146, we agree with
Mr. Paulson.
2 See e.g., David v. Textor,
189 So. 3d 871, 874-75 (Fla. 4th
DCA 2016) (stating section
784.0485 “must be read in conjunction
with section
784.046(1)(b)”); Richards v. Gonzalez,
178 So. 3d 451,
453 (Fla. 3d DCA 2015) (“[T]o define ‘repeated following,
harassing, or cyberstalking,’ guidance can be derived from section
784.046.”); Wyandt v. Voccio,
148 So. 3d 543, 544 (Fla. 2d DCA
2014) (“We analyze [section
784.0485] with guidance from section
784.046.”); Touhey v. Seda,
133 So. 3d 1203, 1203 (Fla. 2d DCA
2014) (“Given the statute’s recent enaction, support for our holding
comes from cases analyzing allegations of stalking in the context
of section
784.046.”).
4
The trial court based the injunction on its findings that Ms.
Rankart observed Mr....
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...All
right. I am going to enter the injunction.” The trial court then entered an
Amended Final Judgment of Injunction for Protection Against Repeat Violence
(After Notice). This appeal followed.
An injunction entered pursuant to section 784.046, Florida Statutes, must be
supported by competent, substantial evidence....
...3
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or
false imprisonment, or any criminal offense resulting in physical injury or death,
by a person against any other person.” § 784.046(1)(a), Fla....
...The term
“repeat violence” means “two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the
petition, which are directed against the petitioner or the petitioner’s immediate
family member.” § 784.046(1)(b), Fla....
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31267527
...In the instant case, Young was convicted of violating section
784.047, Florida Statutes (2000), which proscribes willfully violating an injunction for protection against repeat violence by committing an act of repeat violence against the petitioner. Section
784.046(1)(a) defines violence as, "any assault, battery, sexual battery, or stalking by a person against any other person." (Emphasis added)....
0 red0 yellow1 green0 procedural
Cited as authorityDoty (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 17773, 2011 WL 5375105
...Women's Health Ctr., Inc.,
626 So.2d 664, 670 (Fla.1993). In this instance, taking the testimony of Torres as entirely credible, accurate and reliable, we find that, as a matter of law, Torres failed to meet the legal requirements for the issuance of a permanent injunction under section
784.046, Florida Statutes (2010). To be granted an injunction for protection against repeat violence, a petitioner must show that he or she has actually been the victim of repeat violence. §
784.046(4)(a), Fla....
..."Repeat violence" involves at least "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
..."Violence" is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or *710 false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
0 red0 yellow1 green0 procedural
Cited as authorityWright (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1342534
...Norman Malinski of the Law Offices of Norman Malinski, P.A., Aventura, for appellee. PER CURIAM. George Bierlin appeals the denial of motions for attorney's fees under Florida Statutes section
57.105. We reverse. Richard Lucibella filed suit against Bierlin for an injunction under Florida Statutes section
784.046, addressing stalking (along with one other count that is not relevant to this appeal)....
...Head Lucibella," over a period of six months which ended prior to the filing of the complaint. Bierlin filed a motion to dismiss Lucibella's complaint for failure to state a cause of action, because the injunction count did not meet the statutory requirements for pleading under section 784.046 (including a sworn petition, the specific contents of the petition, and the form of the petition)....
...mplaint (and until a fourth amended complaint on the other count), after which the trial court dismissed the injunction count and complaint with prejudice for failure to state a cause of action due to non-compliance with the pleading requirements of section 784.046....
...attorney's fees under section
57.105, and the trial court retained jurisdiction to rule on these motions in the order of dismissal. Thereafter, Lucibella appealed the order of dismissal in Case No. 4D06-86, arguing that the pleading requirements of section
784.046 apply only when the petitioner is seeking an ex parte injunction....
...ion for good faith arguments to change existing law). Bierlin contends that an award of section
57.105 attorney's fees was required in this case, because Lucibella repeatedly failed to meet the statutory pleading requirements for an injunction under section
784.046 in four separate complaints....
...ical attempts to do so and without presenting a justiciable issue of fact or law. Moreover, no cause of action could ever be stated in the form which Lucibella employed due to its non-compliance with the clear and mandatory statutory requirements of section 784.046....
0 red0 yellow1 green0 procedural
Cited as authorityHall (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 527511
...The district court specified that on remand, "section
741.30 and the requirements of due process must be observed." See also Segui v. Nester,
745 So.2d 591 (Fla. 5th DCA 1999) (reversing the dismissal of a petition for an injunction against repeat domestic violence pursuant to section
784.046, which contains a provision identical in effect to that in section
741.30(5)(c) quoted above, because the dismissal was entered without providing an evidentiary hearing); Brooks v....
0 red0 yellow1 green0 procedural
Cited as authorityPashtenko (2014)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 WL 2572646
...Lajuanna M. Williams, pro se, Appellee. BENTON, J. Eighteen-year-old Denea Acevedo appeals an injunction, entered at seventeen-year-old Jaquinta Wiggins's mother's behest, forbidding contact between Denea and Jaquinta, on the purported authority of section 784.046, Florida Statutes (2007)....
...The trial court premised the injunction on its legal conclusion that, if an 18-year-old and a 17-year-old have "been together in an intimate way," the 18-year-old has committed sexual battery as a matter of law, and has, therefore, perpetrated "sexual violence," which section 784.046 specifies as grounds for an injunction. We reverse. There is no dispute that Denea and Jaquinta began dating when they were 17 and 16 years old, respectively, and are in what the trial court called a "long-term dating relationship." Insofar as pertinent here, section 784.046 authorizes an injunction for protection in cases of dating violence, and permits any person who is a victim of such violence (or his or her parent or legal guardian if the victim is a minor living at home) to file a petition for such an injunction whenever there is reasonable cause to believe the petitioner (or *670 the petitioner's child or ward) is in imminent danger of suffering dating violence. § 784.046(2)(b), Fla. Stat. (2007). The statute defines "dating violence" as "violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature." § 784.046(1)(d), Fla....
..."Violence," in turn, is defined to mean "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person." § 784.046(1)(a), Fla....
...Neither sections
794.05 nor
800.04, Florida Statutes (2007), apply in the present case. The trial court erred in concluding that the relationship involved sexual battery. The record contains no evidence upon which the trial court could have concluded that Jaquinta is a victim of any sort of dating violence as defined in section
784.046, Florida Statutes (2007)....
0 red0 yellow1 green0 procedural
Cited as authorityR.B. (2015)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 WL 2740875, 2014 Fla. App. LEXIS 9208
...le cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he *651 or she is in imminent danger of becoming the victim of an act of dating violence. § 784.046(2)(b), Fla....
...White’s testimony lacks any clear indication that she reasonably believed that she was in “imminent danger” of an act of violence, as required by the statute. Thus, in the absence of competent, substantial evidence to meet the requirements of section 784.046, the trial court was not permitted to enter a permanent injunction for protection from dating violence against Toubail under these facts. § 784.046(2)(b), Fla....
...lacked competent, substantial evidence, this court — applying the tipsy coachman doctrine — could find competent, substantial evidence to support a finding that White was the victim of "assault,” "battery,” and/or "false imprisonment.” See § 784.046(l)(a), Fla....
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21766249
...[1] When Whelan failed to respond, Ravitch's attorney sent a letter to Whelan asking for repayment of the monies; again, Whelan did not respond. Less than two weeks later, Whelan filed a petition for injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2002)....
...avor of Whelan. In so doing, the court reasoned that Ravitch's attempts to contact Whelan were willful and malicious because they were in direct contravention to her instructions after she made it known she did not want contact. Ravitch now appeals. Section 784.046, Florida Statutes (2002), authorizes an injunction for protection for victims of repeat violence. The statute defines repeat violence as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition." See § 784.046(1)(b), Fla. Stat. (2002). Violence means "any assault, battery, sexual battery, or stalking by a person against any other person." See § 784.046(1)(a), Fla....
0 red0 yellow1 green0 procedural
Cited as authorityT.B. (2008)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1806114
...Lowy, Miami Beach, for appellant. Julie Ben-Shimol, in proper person. Before GERSTEN, C.J., and RAMIREZ and CORTIÑAS, JJ. PER CURIAM. Yevgeniy Gasilovsky ("Gasilovsky") appeals a temporary injunction for protection against repeat violence pursuant to section 784.046, Florida Statutes (2006). We reverse. To enter an injunction for "repeat violence," a trial court must find that the respondent committed at least two incidents of violence or stalking. § 784.046(1)(a), Fla....
...peat violence. Further, each act of violence and/or stalking must be proven by competent substantial evidence. Smith v. Melcher,
975 So.2d 500 (Fla. 2d DCA 2007). A finding of only one incident of violence does not constitute "repeat violence" under section
784.046, Florida Statutes....
0 red0 yellow1 green0 procedural
Cited as authorityLevy (2011)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 16818, 2014 WL 5151322
...Williams, Judge.
Ron Smith, Largo, for Appellant.
John H. Trevena, Largo, for Appellee.
LaROSE, Judge.
Bruce Alan Wyandt appeals an order granting Lisa Ann Voccio's petition
for injunction for protection against stalking violence. See §§
784.046(1)(a),(b),
784.048-.0485, Fla. Stat. (2012).1 No competent, substantial evidence supports the trial
court's finding that Ms. Voccio established the requisite two incidents of stalking
required for injunctive relief. See §
784.046(1)(b)....
...ssuance of
stalking injunctions, became effective on October 1, 2012. See Touhey v. Seda,
133
So. 3d 1203, 1203 n.1 (Fla. 2d DCA 2014) (citing ch. 2012-153, §§ 3, 6, at 2035, 2039,
Laws of Fla. (2012)). We analyze the statute with guidance from section
784.046,
which defines repeat violence as "two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the petition,
which are directed against the petitioner or the petitioner's immediate family member."
See §
784.046(1)(b); Seda, 133 So....
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 13999, 2010 WL 3655514
...In the written order, the trial judge determined that Mrs. Cordeiro was a victim of repeat violence, but he made no additional findings. The judge's findings that the parties were emotional and hostile toward each other were insufficient to support an injunction against repeat violence as provided for in section 784.046(2), Florida Statutes (2008)....
...The statute defines "repeat violence" as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046(1)(b)....
...Cordeiro proceeded pro se and, based upon her allegations, I seriously doubt she ever sought the advice of counsel. Petitions for injunctions against repeat violence, or against domestic violence for that matter, are to be used only to rectify the egregious conduct outlined in the statutes themselves. See §§
741.30,
784.046, Fla....
...r church, which was the crux of Mrs. Cordeiro's complaint. See Gagnard v. Sticht,
886 So.2d 321, 322 (Fla. 4th DCA 2004) (noting that argumentative behavior that was extremely uncivil and threatening "fell short" of meeting the legal requirements of section
784.046). Unfortunately, the current version of section
784.046 does not seem to permit the trial court to simply dismiss a sworn petition that does not allege facts that fall within the statutory language. Instead, section
784.046(5) requires that "[u]pon the filing of the petition, the court shall set a hearing to be held at the earliest possible time." (Emphasis added.) The result is the use of scant judicial resources to conduct unnecessary hearings based on pleadings that could never support the issuance of an injunction....
...llow judges to dismiss petitions that, on their face, do not contain allegations sufficient to meet the statutory requirements without prejudice to the petitioner refiling a legally sufficient petition if he or she can do so. [1] Further, nowhere in section 784.046 is there any provision for an award of sanctions against a petitioner who uses the statutory provisions concerning injunctions as a sword rather than a shield....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...were open, allowing him to see inside the garage and home. It was still light
outside. Lutz, clothed in his full uniform, rang the doorbell. Mrs. Coffin answered
5
The injunction had been issued by the Circuit Court of Sarasota County, pursuant to
Fla. Stat. § 784.046. Section 784.046 allows a petitioner to obtain an “injunction for protection
in cases of repeat violence” after “two incidents of violence or stalking [are] committed by the
respondent, one of which must have been within 6 months of filing of the petition” against the
petitioner or an immediate family member. Fla. Stat. § 784.046(1)(b), (2).
4
the door, and Lutz told her that he had important papers for Mr....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 3220640
...Lutz, clothed in his full uniform, rang the doorbell. Mrs.
Coffin answered the door, and Lutz told her that he had important papers for Mr.
5
The injunction had been issued by the Circuit Court of Sarasota County, pursuant to Fla.
Stat. § 784.046. Section 784.046 allows a petitioner to obtain an “injunction for protection in
cases of repeat violence” after “two incidents of violence or stalking [are] committed by the
respondent, one of which must have been within 6 months of filing of the petition” against the
petitioner or an immediate family member. Fla. Stat. § 784.046(1)(b), (2).
4
Coffin.6 Mrs....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 17 Fla. L. Weekly Fed. D 2701
...December 4, 1992. *38 George J. Dramis and Michael F. Sutton of Gurney & Handley, P.A., Orlando, for appellants. J. Brock McClane of McClane Professional Ass'n, Orlando, for appellee. PER CURIAM. The final order granting permanent injunctive relief pursuant to section 784.046, Florida Statutes, is reversed because the trial court failed to afford the parties the "full hearing" required by section 784.046(6)(c), Florida Statutes....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1012255
...Clement lacked an impartial decision-maker and the opportunity to present his case and is entitled to reversal on that issue alone. Moreover, this case is controlled by Santiago v. Towle,
917 So.2d 909, 910 (Fla. 5th DCA 2005) which discussed requisites for an injunction from section
784.046, Florida Statutes (2005)....
...Much like Santiago and its acrimonious dispute over a fence, this is an acrimonious dispute over an easement. Ziemer's allegations, even if believed, do not constitute competent, substantial evidence that two qualifying acts of violence occurred under section 784.046....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 12107, 2017 WL 3642025
...se fail to
support an injunction for protection against repeat violence, which requires "two incidents
of violence or stalking committed by the respondent, . . . which are directed against the
petitioner or the petitioner's immediate family member." § 784.046(1)(b), Fla....
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 204950
...We remand for a new hearing. In 1996, plaintiff-appellee Paul J. Simonik obtained an injunction for protection against repeat violence against defendant-appellant Barry Patterson. Under the applicable statute, the injunction was entered for a period of one year. See § 784.046(7)(c), Fla....
0 red0 yellow2 green0 procedural
Cited as authoritySheehan (2003)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal
trial court "misconstrued" the meaning of section
784.046(4)(a)1., Florida Statutes (2017), and "essentially
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 141992, 2010 WL 5891998
...cessary because she believed no proof could be offered that Davis lived with her. Id. ¶ 17(e). Plaintiff submitted the following documents during the hearing: (1) a verified Petition for Injunction for Protection Against Dating Violence pursuant to Section 784.046, Florida Statutes (the "Petition" [Dkt....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 163933
section 731.30 (sic) [see section
741.30] and section
784.046, Florida Statutes. Bond for a battery (§ 784
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 3821
in this case. We agree and reverse. *1258 Section
784.046, Florida Statutes (1997), authorizes an injunction
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2003 WL 1877204
reverse and remand with directions. Because section
784.046(7)(c), Florida Statutes (2000), provides that
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3120645
they were denied due process, and we agree. Section
784.046, Florida Statutes (2005), the statute governing
0 red0 yellow1 green0 procedural
Cited as authorityR.B. (2015)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 1st District Court of Appeal
298 (Fla. 5th DCA 2007)). See also §
784.046(6)(a), Fla. Stat. (permitting grant of temporary
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 3346, 2007 WL 677251
*52occurred within six months of the petition. See §
784.046, Fla. Stat. (2006) (authorizing protective injunction
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8458, 2011 WL 2278990
minor child. He contrasts that section with section
784.046, Florida Statutes (2010), which addresses injunctions
0 red0 yellow1 green0 procedural
Cited as authorityGoodman (2013)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 391, 2004 Fla. LEXIS 986, 2004 WL 1516038
Laws of Fla. Second, the Legislature amended section
784.046, Florida Statutes (2003), to allow a petitioner
0 red0 yellow1 green0 procedural
Cited as authorityKuschnitzky (2023)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 305227, 2014 Fla. App. LEXIS 1021
not want to have any contact with Alfred. Section
784.046(2), Florida Statutes (2013) provides separate
0 red0 yellow1 green0 procedural
Cited as authorityToubail (2014)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3439929
injunction against repeat violence pursuant to section
784.046, Florida Statutes, in connection with Case
0 red0 yellow1 green0 procedural
Cited as authorityBuchan (2006)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598
proposal contends that it is in conflict with section
784.046, Florida Statutes (2016). The plain language
0 red0 yellow5 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 WL 539083
Domestic/Repeat Violence," entered pursuant to section
784.046(9)(a), Florida Statutes (Supp. 1994), enjoined
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 31422869
protection against repeat violence entered under section
784.046, Florida Statutes (2001), which requires two
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3010200
the victim of sexual violence as defined in section
784.046, Florida Statutes (2006), because the parties
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
violence, to remain in effect for one year. Section
784.046, Florida Statutes (2010), establishes several
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968481
McDon-ough and against Ms. Carver. *927Under section
784.046(2), Florida Statutes (2012), a person may obtain
CopyCited 1 times | District Court of Appeal of Florida
... injunction statute, section
741.30, Florida Statutes, not the sexual violence injunction statute,
784.046, Florida Statutes. Unlike the sexual violence injunction statute, the domestic violence injunction statute contains no language suggesting that child hearsay statements in a sworn petition ...
CopyCited 1 times | Published | Supreme Court of Florida
necessary forms. For further information, see Section
784.046, Florida Statutes, and Rule 12.610, Florida
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 1206664
against repeat violence, filed pursuant to section
784.046, Florida Statutes (1997). We reverse because
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3409618
remained after being asked to leave), satisfied section
784.046(1)(b), Florida Statutes. We find that the Record
CopyCited 1 times | Published | District Court of Appeal of Florida
protection against sexual violence under section
784.046, Florida Statutes (2017). Mr. Hussey is the
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4091, 1994 WL 151372
Wolfson, and by appellee, Ursula Wolfson. See §
784.046, Fla.Stat. (1991). We dismiss the appeal as moot
0 red1 yellow1 green0 procedural
Cited "but see"Reynolds (2011)phrase: "but see"
Cited as authorityChung (2002)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5425, 2011 WL 1449654
for Injunction Against Repeat Violence under section
784.046(2), Florida Statutes (2009). Her petition alleged
0 red0 yellow2 green0 procedural
Cited as authorityMcCord (2014)phrase: "rule_authority"
Cited as authorityPower (2011)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
issuance of the injunction. Id. at 1144. Section
784.046(2)(b), Florida Statutes (2018), authorizes
0 red0 yellow1 green0 procedural
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2812958
alternative basis for entry of the injunction.[4]See §
784.046(1)(b), Fla. Stat. (2007). The statute authorizing
0 red0 yellow1 green0 procedural
Cited as authorityEchemendia (2016)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753
(modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively
0 red0 yellow1 green0 procedural
Cited as authorityNucci (2008)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 32, 1997 WL 1704
and DAUKSCH and GOSHORN, JJ., concur. . See §
784.046, Fla. Stat. (1995). . See Fla. R.Crim. P. 3
0 red0 yellow1 green0 procedural
Cited as authorityBurk (1998)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2003 WL 288943
based on the petition of Joseph Kerrigan. Section
784.046, Florida Statutes (2000), provides that there
0 red0 yellow1 green0 procedural
Cited as authorityCannon (2014)phrase: "rule_authority"
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
language was similar to that currently found in section
784.046(3)(a), Florida Statutes, which relates to actions
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
either domestic violence or repeat violence. See §
784.046, Fla. Stat. (2001) (action by victim of repeat
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence
CopyPublished | District Court of Appeal of Florida
court for an injunction to prevent such violence. §
784.046(2)(b), Fla. Stat. Dating violence is “any assault
CopyPublished | District Court of Appeal of Florida
sexual violence entered against him pursuant to section
784.046(2)(c), Florida Statutes. Because the statutory
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
necessary forms. For further information, see Section
784.046, Florida Statutes, and Rule 12.610, Florida
CopyPublished | District Court of Appeal of Florida
and/or dating violence, issued pursuant to section
784.046.” At trial, the victim testified to
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence
CopyPublished | District Court of Appeal of Florida
the requirements for an injunction under section
784.046(1)(b), Florida Statutes
CopyPublished | Florida 5th District Court of Appeal
imminent danger of another act of dating violence.” §
784.046(2)(b), Fla. Stat. (2023); Nuila v. Stolp, 188
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 21077446
appellant for repeat violence. Pursuant to section
784.046(1)(a), Florida Statutes, violence is defined
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (E) Repeat Violence
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 762033
of B.S., seeking an injunction pursuant to section
784.046, Florida Statutes (2011). Because sections
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3858
of B.S., seeking an injunction pursuant to section
784.046, Florida Statutes (2011). Because sections
CopyPublished | Court of Appeals for the Eleventh Circuit
County, pursuant to Fla. Stat. Ann. §
784.046 (West 2011). Section
784.046 allows a petitioner to obtain an
CopyPublished | Court of Appeals for the Eleventh Circuit
County, pursuant to Fla. Stat. Ann. §
784.046 (West 2011). Section
784.046 allows a petitioner to obtain an
CopyPublished | Florida 1st District Court of Appeal
action brought by Appellant was governed by section
784.046, Florida Statutes, dealing with repeat violence
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
784.046, Fla. Stat. (2018) (action by victim of repeat violence; defining
CopyPublished | Florida 3rd District Court of Appeal
PER CURIAM. Affirmed. See §
784.046, Fla. Stat. (2018) (action by victim of repeat violence; defining
CopyPublished | District Court of Appeal of Florida
stalking, as to justify an injunction pursuant to section
784.046. See 133 So. 3d at 1091. There, the trial court
CopyPublished | District Court of Appeal of Florida
the behest of appellee Martha Rivera under section
784.046, Florida Statutes (2020); and (2) an ex parte
CopyPublished | Supreme Court of Florida
CopyPublished | Supreme Court of Florida
Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking filed under
CopyPublished | Supreme Court of Florida
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 2616493
entered in favor of Ranee Kay. We reverse. Section
784.046(10), Florida Statutes (2013), allows a court
CopyPublished | District Court of Appeal of Florida
their immediate family within the meaning of section
784.046(1)(b), Florida Statutes (2017). “Violence”
CopyPublished | District Court of Appeal of Florida
injunction for protection against dating violence. §
784.046(2)(b), Fla. Stat. (2019) (emphasis added). Based
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 11493
protection against repeat violence pursuant to section
784.046, Florida Statutes. After the trial court had
CopyPublished | Florida 3rd District Court of Appeal
BOKOR, JJ. PER CURIAM. Affirmed. See §
784.046(2)(c)(1), Fla. Stat. (2023) (“A person who is
CopyPublished | Supreme Court of Florida
necessary forms. For further information, see Section
784.046, Florida Statutes, and Rule 12.610, Florida
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024
(modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively
CopyPublished | District Court of Appeal of Florida
for protection in cases of repeat violence.” §
784.046(2), Fla. Stat. (2017). Michael Roth pursued such
CopyPublished | District Court of Appeal of Florida
“guidance” from the repeat violence statute—section
784.046, Florida Statutes—“which defines repeat violence
CopyPublished | Supreme Court of Florida
sexual violence injunction proceedings under section
784.046, Florida Statutes (2013).1 We have jurisdiction
CopyPublished | Florida 5th District Court of Appeal
Appellant’s other claim of error based on section
784.046(4)(a), Florida Statutes (2017), is dispositive
CopyPublished | Supreme Court of Florida
against dating violence pursuant to section
784.046, Florida Statutes. (F) Repeat Violence
CopyPublished | District Court of Appeal of Florida
Dunn to protect J.A.M. from sexual violence. See §
784.046(2), Fla. Stat. (2007) (creating a cause of action
CopyPublished | District Court of Appeal of Florida
against repeat violence issued pursuant to section
784.046(2), Florida Statutes (2019), because there
CopyPublished | District Court of Appeal of Florida
violence, we reverse. Pursuant to section
784.046(2)(b), Florida Statutes (2017):
CopyPublished | Supreme Court of Florida
necessary forms. For further information, see Section
784.046, Florida Statutes, and Rule 12.610, Florida
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
injunction has been obtained as outlined in Section
784.046, as discussed above, or after any other court-imposed
CopyPublished | Supreme Court of Florida | 1996 WL 473327
interpreted that same question as it applies to section
784.046(9)(a), Florida Statutes (Supp.1994), which
CopyPublished | Florida 3rd District Court of Appeal
the mother by Z.A. Mirroring section
784.046(2)(c)1., Florida Statutes (2023),1 the petition
CopyPublished | District Court of Appeal of Florida
conditions a criminal offense, and refer to section
784.046 (providing for protective injunctions for victims
CopyPublished | Florida 3rd District Court of Appeal
injunction against sexual violence, pursuant to section
784.046, Florida Statutes (2020), alleging that Buck
CopyPublished | Florida 3rd District Court of Appeal
Mother failed to meet the requirements of section
784.046(4)(a)(1), Florida Statues (2023). The
